Who Is Liable for Cargo Spilling Off a Semi-Truck?

The Delaware truck accident attorneys at Silverman, McDonald & Friedman have the adept knowledge and seasoned legal experience to protect the rights of individuals who have suffered injuries in truck accidents. Our team is here to serve you with strong representation from our offices in Wilmington, Newark, and Seaford.

Commercial trucks, and specifically large tractor trailers, pose a particular safety threat on the road. This threat involves the potential for falling cargo during transit. If a truck loses some or all of its cargo while traveling at high speeds, the results can be extremely dangerous for other drivers and passengers on the road. This is particularly true for any vehicles driving behind a truck that loses its cargo. In these instances, it is often impossible for the trailing driver to avoid spilled debris in time, which can result in a serious truck cargo accident.

So, who is legally responsible for damages that occur to other vehicles, drivers and passengers caused by spilled truck cargo?

Causes of cargo spills

Several factors can lead to a truck losing its cargo while traveling down a highway or other roadway. A fully loaded semi-truck can weigh as much as 80,000 pounds. Trucks with open beds are typically the most susceptible to losing cargo. However, an unbalanced closed-bed truck can also lose its cargo when the loads inside unexpectedly shift, causing the truck driver to lose control of the vehicle.

Improperly secured cargo can come loose during transport. Unsecured wood, metal, and other materials flying off a truck and onto lanes of traffic can become projectiles and inflict significant damage to vehicles and people. In such instances, the trucking company or the truck driver may be held liable for the accident. Responsibility may rest on the person(s) or company that was negligent in the proper securement of the cargo.

Federal law regarding the securement of cargo

The Federal Motor Carrier Safety Administration (FMCSA) has established rules for the proper methods of securing cargo on trucks. These rules are applicable to all types of commercial trucks that transport cargo across the nation. The purpose of these regulations is to prevent heavy and large-sized loads from coming loose during transport. Some of the requirements involve using the proper number of tie-downs and correct placement in order to prevent them from breaking and releasing.

When cargo shifts on a flat bed or inside of a closed truck, it can cause the truck to quickly veer out of control. Tie-downs must be placed in such a way that they withstand forces from any direction, effectively keeping cargo in place and stable.

Anyone who has been injured by falling cargo from a commercial truck will need a truck accident attorney to investigate the incident and gather documentation and evidence to help establish liability for the accident.

If you have been the victim of a truck accident in Delaware caused by falling cargo from a large truck or tractor trailer, our attorneys at Silverman, McDonald & Friedman can help. We have extensive experience holding negligent parties responsible in truck accident cases. Let us help you secure the compensation to which you are entitled. For a free case review, call us today at 302-888-2900 or use our contact form. We offer our legal representation services from offices in Wilmington, Newark, and Seaford.